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MEMORANDUM OF UNDERSTANDING BETWEENTHE U.S. ENVIRONMENTAL PROTECTION AGENCY, OFFICE OFAIR QUALITY PLANNING AND STANDARDS, U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION 10,

STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY, PUGET SOUND CLEANAIRAGENCY, AND THE PUYALLUP TRIBE OF INDIANS

I. PURPOSE The purpose ofthis Memorandum ofUnderstanding (MOU) is to establish a cooperative effort among the U.S. Environmental Protection Agency, Office ofAir Quality Planning and Standards (EPA OAQPS), U.S. Environmental Protection Agency, Region 10 (EPA Region 10), State ofWashington, Department ofEcology (Department ofEcology), Puget Sound Clean Air Agency (PSCAA), and the Puyallup Tribe ofIndians (collectively referred to as the Parties) to produce a Performance Agreement for the TacomaPM2.5 NonattainmentArea. Through work underthis MOU and the Performance Agreement, the Parties will work togetherto apply the Clean Air Performance Commitment (CAPC) concept, which attempts to describe

### a new, more effective and efficient approachto air quality planning. The goal ofthis effort is to bring the Tacoma area into attainmentfor fine particulate matter (PM2.5), thereby improving the health and welfare ofthe citizens of the Puget Sound area. This effort will considerthe area's PM2.5issues inthe context of local toxics priorities and environmentaljustice concerns.2 

### II. BACKGROUND The Parties believe that improvements to the state planning process for air quality management are needed in order to more efficiently and effectively address current and future air quality challenges. This beliefis supported by recommendations from the National Academy ofSciences in its 2004 reportAir QualityManagement in the United States and from the CleanAir Act Advisory Committee in its 2005**an~** 2007 reports, as well as our own experience with SIP processing and approvals. Although the SIP process has resulted intremendous improvements in air quality, it can be resource-intensive. The Puget Sound area is a prime candidate for testing a new air quality management process given the nature ofthe air quality issues it is confronting (PM2.s issues are strongly driven by a single source type, i.e._,_ wood smoke emitters), the strong relationships PSCAA and the Department ofEcology have built with stakeholders, and the area's interest in testing air quality innovations. The Performance Agreementbetweenthe Parties wouldprovide the starting point for the State Implementation Plan (SIP) for the TacomaPM2 .5 nonattainment area, either by: 1. resulting in three years of"clean data" such that a redesignation request may be appropriate when all required SIP provisions are approved except certain attainment SIP requirements which can be suspended so long as the area continues to have clean data (i.e. reasonably available control measures, reasonable further progress plans, attainment demonstrations, andcontingency measures, see 40 CFR 51.1004(c) see also PM2 .5 Clean DataPolicy, Dec. 14, 2004, and Clarification, May 22, 2008), or 2. providing information that is directly relevant to developing an attainment SIP for the Tacoma PM2 .5Nonattainment Area. The Performance Agreement will be focused on attainment and maintenance ofthe NAAQS in an administratively efficientand,effective way. The objectives ofthe Performance Agreement are: 1. To target the Tacoma area's PM2 .5air pollution (particularly wood smoke) with focused local control measures that complement national control measures. 2. To establish agreed-upon accountability measures and mechanisms to quickly make adjustments ifmilestones are not**m~t.** 3. To ensure meaningful stakeholder input and collaboration. The Performance Agreement for the Tacoma area would additionally reflect areatoxics priorities and environmentaljustice issues. Incorporation ofthese elements will position the Department ofEcology or PSCAA in the future, should they choose, to extend the

·Tacoma-areaplan to become a comprehensive multi-pollutant air quality management

plan (AQMP). AnAQMP provides for air quality and emission management activities for more than one airpollutant (such as criteriapollutants, toxics, and greenhouse gases), and integrates factors related to air quality such as transportation, land use, energy, climate, and ecosystem impacts.3


### III. AUTHORITY Each party to this MOU is authorized to enter into this MOUpursuant to the following authorities: EPA OAQPS and EPA Region 10-CAA 103(a) (research and developmentprogram for prevention and control ofair pollution); Delegation 1-11 (authority to sign agreements with, inter alia, state, local, and tribal governments) Department ofEcology-Chapter70.94 RCWWashington Clean Air Act, Chapter 43.21A RCW Department ofEcology PSCAA-RCW 39.34, and RCW 70.94.141 (10) Puyallup Tribe ofIndians- Puyallup Tribe ofIndiansLand Claim Settlement of 1989 

### IV. ROLES AND RESPONSIBILITIES This MOU is focused on defining general action items and roles and responsibilities for efforts leading to the development ofa Performance Agreement. These major roles and responsibilities will generally fall into six categories: technical analysis, stakeholder engagement, project management, outreach, strategy development, and strategy implementation. The Parties agree to worktogetherto accomplishthe following actions to enable the development ofthe Performance Agreement: • Continue to implementfine particle emission reductions in the nonattainment area (Lead Agency PSCAA), • Develop and reach consensus on a technical support document that guides the 2011 comprehensive stakeholder process (Co-Lead Agencies EPA Region 10 and Department ofEcology), • Conduct a comprehensive stakeholder process to explore potential emission reduction strategies and make recommendations for actions, funding sources, milestones, and timelines (Lead Agency PSCAA), and • Complete and sign a Performance Agreement that applies the CAPC concept by laying outperformance goal(s), milestones to achieve the goal(s), initial control measures and backup measures, and reporting (Co-lead Agencies Department ofEcology and EPA). • The Parties intend to hold quarterly meetings or conference calls to discuss progress in accomplishing the intent ofthe MOU. ' The Parties intend to develop and execute a Performance Agreementby w!nter 2011 based on the results ofthese actions. The Parties respectively expect to undertake the following actions under this MOU: ·4 EPAOAQPS 1. Facilitate discussions with the other Parties to encourage continuing communication, reviewprogress made, and discuss status and issues arising under this MOU. 2. Engage EPA headquarters technical staffas necessary to inform the Parties' deliberations regarding the appropriate analytical effort for the airshed. 3. Assist in identifying and seeking available federal resources for implementing this MOU, as well as pursue funding opportunities for fine particle emissionreduction

. activities, subjectto the limitations identified in SectionVI. ofthis MOU. 4. Support education efforts to inform the public in the Tacoma area about current air quality planning efforts. 5. Reach outto national environmental and health organizations to raise awareness regarding the CAPC approach and the Parties' exploration ofthis approach throughthis MOU and the subsequent Performance Agreement, and to ensure their concerns are fully taken into account during the Performance Agreement developmentprocess. 6. Facilitate discussions with relevant EPA headquarters offices (including butnot limited to Office ofAir and Radiation, Office ofGeneral Counsel, and Office of

·Enforcement and Compliance Assurance) on all matters relating to actions under this MOU and development ofthe Performance Agreement, and seektheir review and concurrence onthe draft final Performance Agreement. 7. Complete and sign the Performance Agreement withthe Parties. EPA Region 10 1. Lead the development ofthe technical evaluation approachprior to the 2011 stakeholderprocess. This may include: fine particle receptor modeling support ofthe violating site, modeling, and emission inventory support as guided by the technical team. 2. Assist in identifying and seeking available federal resourees-fer implementing this MOU, as well as pursue funding opportunities for fine particle emissionreduction activities, subjectto the limitations identified in SectionVI. ofthis MOU. 3. Support education and outreach efforts to engage communities inthe Tacoma area in air quality planning and emissionreduction efforts. 4. Participate in calls and meetings as needed to discuss progress, status, and issues that arise with the Parties. 5. Complete and sign the Performance Agreement with the Parties. Department ofEcology 1. Continue to support forecasting tools to support burn curtailments during impaired air quality periods, the uncertified wood stove replacementprograms inthe nonattainment area (as resources allow), and education and outreach activities. 2. Play a lead role with EPA Region 1 0 in developing the technical evaluation that will address outstanding technical issues prior to the 2011 stakeholderprocess. This may include: fine particle receptor modeling support ofthe violating site, modeling, and emission inventory support as guided bythe technical team, and estimates offine particle health effects and economic impacts. 3. Serve as main point ofcontact with EPA during the development ofthe Performance Agreement. 4. Assist in identifying and seeking available funding, including State resources for5 implementing this MOU, as well as pursue funding opportunities for fine particle emission reduction activities, subject to the limitations identified in Section VI ofthis MOU. 5. Support education and outreach efforts to engage communities in the Tacoma area in air quality planning**~and** emissionreduction efforts. 6. Participate in the comprehensive stakeholder process, to be initiated in January 2011. The stakeholder process will result inrecommendations offine particle emission reduction strategies to bring the area back to attainment status, to be incorporated into a winter 2011 Performance Agreement. 7. Participate in calls and meetings as needed to discuss progress, status, and issues that arise with the Parties. 8. Complete and sign the Performance Agreement with the Parties. PSCAA 1. Implement fine particle emissionreduction activities, as outlined in its FYI0-11 ';'Fine Particle and Wood Smoke Work Plan." Main activities include uncertified wood stove replacementprograms, bumcurtailments during impaired air quality periods, education and outreach campaigns, and a socio-economic investigation ofthe area aroundthe violating monitor to identify community barriers to clean home heating. FYll emission reduction activities (to be identified in spring 2010) will also be implemented as part of this MOU,and will be included in the Performance Agreement. 2. Work with EPA, Department ofEcology, and potentially otherpartners to address outstanding technical issues before a 2011 stakeholder process. The mainrole ofPSCAA in this regard will.be to provide any existing air quality and meteorological data, as well as existing emission inventory/survey information. 3. Assist in identifying and seeking available funding, including State and local resources for implementing this MOU, as well as pursue funding opportunities for fine particle emission reduction activities, subjectto the limitations identified in SectionVI of this MOU. 4. Conduct education and outreach efforts to engage communities in the Tacoma area in air quality planning and emission reduction efforts. 5. Reach out to local city and county partners to raise awareness ofthe CAPC approach and the Parties' application ofthis approach through this MOU and the subsequent Performance Agreement, and address their questions and their feedback onthe process. 6. Manage the comprehensive stakeholder process, to be initiated in 2011 ifadequate funding is identifiedbythe Parties. The stakeholder process will result in recommendations offine particle emission reduction strategies to bring the areabackto attainment status, to be incorporated into a 2011 Performance Agreement. 7. Participate in calls and meetings as neededto discuss progress, status, and issues that arise withthe Parties. 8. Complete and sign the Performance Agreemen:t with the Parties. PuyallupTribe ofIndians 1. Contribute to the development ofthe Performance Agreement. 2. Participateinthe stakeholderprocess.6

3. Assist in identifYing and seeking available funding for implementing this MOU, as well as pursue funding opportunities for fine particle emissionreduction activities, · subject to the limitations identified in SectionVI ofthis MOU. 4. Participate in calls and meetings as needed to discuss progress, status, and issues that arise withthe Parties. 5. Complete and signthe Performance Agreement with the Parties. V. TIMELINE March 2010 MOU signed by the Parties December 31, 2010 Complete and reach consensus ontechnical evaluation (led by EPA Region 1 0) January 2011 Begin comprehensive stakeholderprocess assuming adequate funding is identified (led by PSCAA) Spring/Summer 2011 Conclude comprehensive stakeholderprocess (led by PSCAA) Winter 2011 Performance Agreement finalized, signed; begin implementation, including check-ins at interim milestones and supplementation of efforts withbackup measures as necessary (Department of Ecology, PSCAA and EPA Region 10) VI. STAKEHOLDERENGAGEMENT The Parties agree it is desirable for the stakeholders listed inthis section to participate in the comprehensive stakeholderprocess described inthis MOU. National stakeholders: State air agencies and organizations representing state air agencies National environmental and health organizations Industry groups, as needed Others Local stakeholders: Local county and city Qfficials Local environmental and health organizations Local commmiities withinthe nonattainment area (groups representing these communities) Local industry, business, and economic development groups Local home heating industries (e.g. hearthproducts, utilities) Others7



### VII. LIMITATIONS A. No statements made in the course ofnegotiations among the Parties or inthis MOU may be construedto represent an admission, determination, settlement, or adjudication of any legal or factual dispute relating to any Party's rights, privileges or interests. By entering into this MOUthe parties reserve and do not waive their claims tojurisdiction over all or parts ofthe airshed and sources ofpollution affecting those airsheds. B. This MOU shall notbe construed as waiving any rights, powers, orremedies the parties have under any applicable Act ofCongress, Executive Order, treaty, regulation, State Constitution, State law, court decision, equity, or other authority. Each Party expresslyreserves the right to assert any and all defenses it mayhave to any claim that may be asserted by the other Parties orby any otherpersonunder federal, state, or tribal law. C. Nothing inthis MOU shall changethejurisdictional authorities ofthe United States or any ofits agencies, the Tribes or any ofits agencies, the State or any ofits agencies, or any other entity. This MOU is solely for the purpose offacilitating intergovernmental cooperation betweenthe parties. This MOU is not and shall notbe used as a precedent for resolution ofany dispute regarding thejurisdictional authority ofthe parties to the agreement. This MOU creates no rights inthird parties orthe right of judicial review. D. All agreements made inthis MOU are subject to the availability ofappropriated funds and each Party's budgetpriorities. Nothing inthis MOU, in and ofitself, obligates any Partyto expend appropriations orto enter into any contract, assistance agreement, interagency agreement, or incur other financial obligations. Theparties agree notto submit a claim for compensation for services rendered to any ofthe otherparties for activities they undertake in carrying outthis MOU. E. This MOU is neither a fiscal nor a funds obligation document. This MOU does not exemptthe Parties from policies requiring competitionfor financial assistance and contracts. Any endeavor involving reimbursement or contribution offunds betweenthe Parties will be handled in accordance with applicable laws, regulations, policies, and procedures, and will be subjectto separate agreements that will be effected inwriting. F. This MOU does not create any right orbenefit, substantive orprocedural, enforceable by law or equity against the Parties to the MOU, their officers or employees, or any other person. This MOU does not direct the actions of, or apply to anyperson outsidethe Parties to this MOU.

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G. The Parties agree that any copyrightable subjectmatter, including but not limited to journal articles, training, educational or informational material or software, created jointlyby the Parties from the activities conducted under the MOU may be copyrighted by one or more ofthe Parties. Each Party hereby grants to the Federal government a royalty-free, nonexclusive, irrevocable right to reproduce, distribute, make derivative works, and publish or perform the work(s) publicly, or to authorize others to do the same on its behalf. 

### VIII. COMMENCEMENT, MODIFICATION, AND TERMINATION This MOU is to take effect when signed by all Parties, and remain in effect until either the effective date ofthe Performance Agreement or the date on which Department of Ecology must submit an attainmentplan, whichever is earlier. This MOU maybe amended at any time by the mutual written consent ofthe Parties. A Party's participation inthe MOU maybe terminated at any time upon written notificationto the other Parties at least 90 days in advance ofthe termination date. This MOU may otherwisebe terminated by written agreement ofthe Parties.

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IX. POINTS OF CONTACT The following individuals are designated points ofcontact for this MOU: U.S. Environmental Protection Agency, OAQPS Tom Coda, (919) 541-3037, coda.tom@epa.gov U.S. Environmental Protection Agency Office ofAir Quality Planning and Standards Air Quality Policy Division, Mailcode C539-01 109 T.W. Alexander Drive Research Triangle Park, NC 27711 LauraBunte, (919) 541-0889, bunte.laura@epa.gov U.S. Environmental Protection Agency Office ofAir Quality Planning and Standards Outreach and Information Division, Mailcode C304-01 i09 T.W. Alexander Drive Research Triangle Park, NC 27711



## - U.S. Environmental Protection Agency, Region 10 Gina Bonifacino, (206) 553-2970, bonifacino.gina@epa.gov U.S. Environmental Protection Agency Region 10, Mailcode AWT-107 1200 Sixth Avenue Seattle, WA 98101 State ofWashington, Department ofEcology: Sarah Rees, (360) 407-6823, sare461@ecy.wa.gov Program Development Section Air Quality Program Washington State Department ofEcology 300 Desmond Drive SE Lacey, WA 98503 Puget Sound Clean Air Agency: Dave Kircher, (206) 689-4050, davek@pscleanair.org Jim Nolan,' (206) 689-4053, jimn@pscleanair.org Kathy Himes, (206) 689-4095, kathyh@pscleanair.org Puget Sound Clean Air Agency 1904 Third Avenue, Suite 105 Seattle, WA 9810110

Puyallup Tribe oflhdians: Mary Basballe, (253) 841-0378, mary.basballe@puyalluptribe.com Puyallup Tribe ofIndians ofIndians Environmental Department 3009 East Portland Avenue Tacoma, W A 9840411

X. APPROVAL

U.S. Environmental Protection Agency, Office ofAir QualityPlanning and Standards


# Jf-zo-ro Date

U.S. Environmental Protection Agency, Region 10

J. McLerran, Regi nalAdministrator

Date

State ofWashington, Department ofEcology

Ted Sturdevant, Director

Date12

Puget Sound Clean Air Agency

# ~-

Date I ,

Puyallup Tribe ofIndians

# .L~**~ilion** Sr., Chairman

Datl